If, prior to the sale of said livestock by the Marshal, the livestock is not redeemed pursuant to § 749 of this title by the owner, bailee or custodian, the Marshal shall, after reading said notice, offer said livestock for sale at public auction on the date, at the hour, and place provided in the said notice. The sale shall be for cash and the Marshal shall deliver the livestock to the highest bidder. The Marshal’s costs and the Secretary or his authorized representative’s costs shall be deducted from the proceeds of said sale by the Marshal and the Secretary respectively, and the balance shall then be deposited with the Secretary of the Treasury, in the name of the Secretary, in a special account, which shall be subject to withdrawals made by the Secretary on properly endorsed vouchers as hereinafter provided in this section; Provided, That if the former owner of such cattle shall, within twelve (12) months from and after the date of said sale, file and establish to the satisfaction of the Secretary a good and sufficient claim to the proceeds of said sale as former owner, the Secretary shall deliver to said persons, through a voucher directed to the Secretary of the Treasury, the full amount of the proceeds of said sale, after deducting the Marshal’s costs and the Secretary’s costs. If a good and sufficient claim to such proceeds is not established as aforesaid, within twelve (12) months after said proceeds were deposited, then the total amount shall be covered into the General Fund of the Commonwealth Treasury.
History —May 15, 1936, No. 106, p. 542, § 10; May 5, 1949, No. 184, p. 578, § 5; May 6, 1988, No. 24, p. 96, § 10.